West Virginia Code § 46-5-109

Fraud and forgery
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(a) If a presentation is made that appears on its face strictly to comply with the terms and
conditions of the letter of credit, but a required document is forged or materially fraudulent,
or honor of the presentation would facilitate a material fraud by the beneficiary on the issuer
or applicant:
(1) The issuer shall honor the presentation, if honor is demanded by (i) A nominated person
who has given value in good faith and without notice of forgery or material fraud, (ii) a
confirmer who has honored its confirmation in good faith, (iii) a holder in due course of a
draft drawn under the letter of credit which was taken after acceuptance by the issuer or
nominated person, or (iv) an assignee of the issuer's or nominated person's deferred
obligation that was taken for value and without notice of fortgery or material fraud after the
obligation was incurred by the issuer or nominated person; and
(2) The issuer, acting in good faith, may honor or dishonor the presentation in any other
case. l
(b) If an applicant claims that a required document is forged or materially fraudulent or that
honor of the presentation would facilitate ia material fraud by the beneficiary on the issuer or
applicant, a court of competent jurisgdiction may temporarily or permanently enjoin the
issuer from honoring a presentation or grant similar relief against the issuer or other
persons only if the court finds that:
(1) The relief is not prohibited under the law applicable to an accepted draft or deferred
obligation incurred by the issuer;
(2) A beneficiary, iss uer, or nominated person who may be adversely affected is adequately
protected agaVinst loss that it may suffer because the relief is granted;
(3) All of the conditions to entitle a person to the relief under the law of this state have been
met; and
(4) On the basis of the information submitted to the court, the applicant is more likely than
not to succeed under its claim of forgery or material fraud and the person demanding honor
does not qualify for protection under subsection (a)(1).

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